The Executive Order to Try to Implement the European Union-U.S. Data Privacy Framework has been announced. Will the third time be a charm? @astepanovich, who's followed the issue for years, has a good thread.
"It fails to adequately protect the privacy of Americans and Europeans, and it fails to ensure that people whose privacy is violated will have their claims resolved by a wholly independent decision-maker,”
ADPPA still hasn't hit the House floor, and Speaker Pelosi is still opposed to preempting California. Rep. Pallone says there's still time to pass something, and expresses optimism.
How likely is ADPPA to pass this session? (1/5)
If ADPPA doesn't pass, how far will it get?
- no House (H) floor vote?
- H passes, but no Senate (S) action?
- progress in S but dies before floor vote?
- S amends, but dies in cross-chamber reconciliation?
ADPPA currently preempts most stronger state and local privacy laws. California and AGs from other states want this removed so ADPPA is "a floor not a ceiling".
Compromise proposals include giving CA a waiver or adding a 5- or 10-year sunset.
As @jilliancyork said in 2021 when she coined the term "White Man's Gambit", every few weeks or so some white dude ignores years of research and commentary and suggests a "real names" policy.
@jilliancyork's article has a great reference list on "real names" too. For example, here's her 2011 "A Case for Pseudonym's" post for @EFFeff.org/deeplinks/2011…
And here's our ADPPA update from yesterday's Nexus of Privacy newsletter, including a couple of recent articles from @jduballreports as well as @CalPrivacy (CPPA) board chair Jennifer Urban and others.
Congress is working in several privacy bills, including Fourth Amendment Is Not For Sale Act and ADPPA (consumer privacy). The House is back in session Tuesday, but there's not a lot of legislating time left this year. (1/6)
ADPPA has bipartisan sponsorship, but has been criticized for not protecting pregnant people and LGBTAIQ2S+ people, allowing FB to self-regulate its algorithms, and preempting state and local laws (including CA),
How likely is ADPPA to pass this session? (2/6)
If ADPPA doesn't pass, how far will it get?
- no House (H) floor vote?
- H passes, but no Senate (S) action?
- progress in S but dies before floor vote?
- S amends, but dies in cross-chamber reconciliation?
Josephine Liu of agency staff highlights 3 important questions: 1) Which practices are used to surveil consumers? 7) How should the FTC identify and evaluate commercial surveillance harms or potential harms? 8) which areas or kinds of harms has the FTC failed to address?
Encourages people to submit comments via regulations.gov, and notes that comments from individuals are very valuable
Inspired by @aprincealbert3's "Hiding OUT: A Case for Queer Experiences Informing Data Privacy Laws", I looked at how ADPPA responds to the harsh and worsening realities of queer experiences
I looked at how ADPPA responds to seven of the tests @aprincealbert3 discusses in the "Queering Ya Privacy" section, and a few additional ones that focus on hot spots in the ADPPA debate so far. This isn't meant to be definitive -- there are lots of other potential tests!